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Weiss v. JPMorgan Chase & Company, 2d Circ., No. 08-0801, June 5, 2009

Articles Discussing Case:

Summary Judgment Standard Requires Court to View Evidence in Light Most Favorable to Non-Moving Party.

Ogletree Deakins • June 11, 2009
Litigation often ends when one party files a motion for summary judgment, asking the court to determine that there is no issue of material fact for the jury, and asserting that a decision can be made in its favor based solely on the legal issues. In reviewing a motion for summary judgment, a court must view the record in the light most favorable to the non-moving party. Recently, the 2d U.S. Circuit Court of Appeals reversed summary judgment for an employer in an age discrimination case, holding that the lower court “failed to construe the evidence in the light most favorable to [the employee] and to draw all permissible inferences in [his] favor.”

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